BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 28^th DAY OF SEPTEMBER 2021

O R D E R

Smt.P.K.SHANTHA, MEMBER

The complainant filed this complaint under Section 12 of Consumer Protection Act, 1986 against Opposite Parties (herein after referred as OPs) with a prayer to direct the OPs to refund the entire amount of Rs.80,000/- along with 12.50% p.a. interest from the date of making payments till realization, direct the OPs to pay the complainant Rs.2,00,000/- towards compensation for deficiency in service, direct the OPs to pay compensation of Rs.1,00,000/- to the complainant towards shock, mental agony, physical suffering and loss of time due to the deficiency of service on the part of the OPs and grant such other reliefs deemed fit and proper under circumstances of the case in the interest of justice and equity.

2. The brief averments made in the complaint are as under:

The OP No.1 is the company incorporated under the registrar of companies and OP No.2 being the Chairman and Managing Director of the companies by name Unitech Ltd. And having many branches that the complainant has invested a sum of Rs.40,000/- as fixed deposit in OPs company on 10.02.2011 bearing F.D.No.1015423 and already matured on 10.02.2014 repayable together with interest at the rate of 12.50% p.a and another F.D. for Rs.40,000/- in OPs company on 19.09.2012 bearing deposit receipt No.1192439 and the F.D. is already matured on 19.09.2015 repayable together with interest at the rate of 12.50% p.a.

The captioned FDR was submitted for repayment along with a request for payment of principle and interest from the year 2014 and 2015.  However, no payment was made at all there is no communication.  It is hereby brought to the notice of OPs company that the company has stopped payment of interest on the deposit amount from the month of January 2014 and in the month of August 2015 for Rs.80,000/- of FD and from which is pending till date. 

The OPs failed to return the deposited amount with interest not only to the complainant but several such depositors who invested their amount with Ops.  There are several complaints have been filed by the persons to the Ministry of Corporate Office of register of companies, NGT of Delhi and Haryana.

The complainant is harassed mentally, physically and financially due to unfair trade practice of the OPs.  The complainant got issued a legal notice dated 03.10.2019 calling upon the OPs to refund the amount within seven days is returned with an endorsement, the addressee left.  In spite of the legal notice, the OPs have not returned the amount due to the complainant.  Hence, this complaint.

3. After registration of the complaint, notices were issued to OPs.  In spite of service of notice, OPs remained absent without sufficient reason and cause, hence OPs placed exparte and the case was posted for filing affidavit evidence of the complainant.
4. Thereafter complainant was called upon to tender her evidence by way of affidavit.  Accordingly, complainant tendered her evidence by way of affidavit along with list of documents reiterating the allegations made in the complaint. The documents are marked as Ex.A.1 to Ex.A.7.  Heard the counsel for complainant.

5. The points that arise for our consideration are:

1.  Whether the Complainant proves the deficiency of service on the part of OPs, if so, entitled for the relief sought for?
2. What order?

  6.  Our answers to the above points are as under:

       Point No.1:  Partly in the affirmative.

      Point No.2:  As per the final order for the following

REASONS

7. Point No.1:  The above said assertions of the complainant has remained unchallenged, OPs neither filed version nor denied the sworn testimony of the complainant, so under circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.
8. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the F.D. receipt No.1015423 for Rs.40,000/- deposited on 10.02.2011 for a period of 3 years at 12.50%p.a. interest, document No.2 is the F.D. receipt No.1192439 deposited on 19.09.2012 for a period of 3 years at 12.5%p.a interest, . document No.3 is the letter dated 01.05.2016, document No.4 is the Form No.8, document No.5 is the legal notice dated 03.10.2019 issued to OPs, document No.6 is the postal receipts and document No.7 is the postal acknowledgement.
9. On perusal of the oral and documentary evidence of the complainant, it is evident that the complainant has deposited Rs.40,000/- with Ops for a period of 3 years from 10.02.2011 to 10.02.2014 and Rs.40,000/- for a period of 3 years from 19.09.2012 to 19.09.2015.  The OPs did not appear and contest the claim put forth in the complaint.  The conduct of OPs in not refunding the deposit amount of Rs.80,000/- and non-payment of interest on time amounts to deficiency of service.  The non-refunding of the fixed deposit amount must have put the complainant to hardship, inconvenience and mental agony.  We are satisfied that the complainant has proved deficiency in service against OPs.  Under such circumstances, we are of the considered view that Ops are liable to refund of Rs.80,000/- to the complainant along with interest at 12.50% p.a. from the date of maturity till the date of realization.  Further Ops are directed to pay litigation cost of Rs.5,000/. Accordingly, we answered the point no.1 partly in the affirmative.
10. Point No.2:- In the result, we pass the following

ORDER

1. The complaint filed by the complainant u/s.12 of the Consumer Protection Act, 1986 is allowed in part.
2. OPs are jointly and severally directed to refund an amount of Rs.80,000/- (Rupees eighty thousand only)  with interest at 12.50 p.a. from the date of maturity till the date of realization together with litigation cost of Rs.5,000/- (Rupees five thousand only) to the complainant.
3. OPs shall comply this order within six weeks from the date of receipt of the order, failing which the complainant is at liberty to take steps as per Law.
4. Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 28^th day of September, 2021).

List of documents produced by the complainant marked as Ex.A.1 to 6 are as follows:-